||All England Reporter
|| All ER (D) 128 (May)
Scott Baker LJ and Pitchford J
||Nigel Ley (instructed by KJ Commons & Co) for the appellant.
||Thomas Eaton (instructed by CPS Cumbria, Carlisle) for the respondent.
||12 May 2003
Criminal law - Resisting police officer in execution of his duty - Prosecution failing to adduce evidence of substance of offence - Justices refusing submission of no case to answer - Correctness of decision.
Justices had erred in refusing a submission of no case to answer from a defendant charged with resisting arrest in circumstances where the prosecution failed to adduce evidence that the defendant had threatened a complainant with a hammer in public.
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